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Adjusting through US Citizen Spouse - want clarification on employment and overstay

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  • Adjusting through US Citizen Spouse - want clarification on employment and overstay

    Hello all I am in the final stages of filing through my US citizen spouse and want to get clarification.

    In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work. They suggested this given that I was dating a US Citizen girl at that point and we thought we were going to get married soon and get my status adjusted. However, that relationship, nor another one after that did not work out till 2009 when I met my wife, led a group together in our church for about six months, then dated for about eight months and decided to get married given we were both in our 30’s and knew what we wanted.

    Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement.

    Here is what we need help on, to work my lawyers told me I could use my legitimate drivers license and social security card without restrictions and I used these two documents for my last two jobs, checking the box “An alien authorized to work,” and giving my Admission/i94#.

    I am afraid during the adjustment of status process, someone could say that I “willfully” misrepresented a material fact because I came of an H-1 and should have known better to work without authorization. Do I need to get a lawyer. My wife and I have been in this country since age fourteen till now at thirty eight and thirty three respectively and here is where all our immediate family members are citizens and all our primary relationships and it would be very difficult if we have to leave.

    Your thoughts and experiences will be much appreciated. Will go to the San Francisco Office. Paid taxes for all periods worked and filed jointly for 2010 as we got married before the end of the year.

  • #2
    Originally posted by Simon2011 View Post
    Hello all I am in the final stages of filing through my US citizen spouse and want to get clarification.

    In 2002 when I lost my H-1B job lawyers suggested working with my legal social security card without any restrictions from my high school days in the mid 80’s and valid current driver’s license to work. They suggested this given that I was dating a US Citizen girl at that point and we thought we were going to get married soon and get my status adjusted. However, that relationship, nor another one after that did not work out till 2009 when I met my wife, led a group together in our church for about six months, then dated for about eight months and decided to get married given we were both in our 30’s and knew what we wanted.

    Also, I got laid off in September of last year and with more jobs requiring Green cards, with us getting older, parents wanting to see us married before a long trip to India, we married after a two month engagement.

    Here is what we need help on, to work my lawyers told me I could use my legitimate drivers license and social security card without restrictions and I used these two documents for my last two jobs, checking the box “An alien authorized to work,” and giving my Admission/i94#.

    I am afraid during the adjustment of status process, someone could say that I “willfully” misrepresented a material fact because I came of an H-1 and should have known better to work without authorization. Do I need to get a lawyer. My wife and I have been in this country since age fourteen till now at thirty eight and thirty three respectively and here is where all our immediate family members are citizens and all our primary relationships and it would be very difficult if we have to leave.

    Your thoughts and experiences will be much appreciated. Will go to the San Francisco Office. Paid taxes for all periods worked and filed jointly for 2010 as we got married before the end of the year.
    Your unauthorized stay and employment is forgiven when you marry a US citizen.
    Good Luck~

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    • #3
      Adjusting through US Citizen Spouse - want clarification on employment and overstay

      Thanks Daru!

      How should I address the employment and overstay during the interview and application process. Do I need an experienced lawyer?

      Comment


      • #4
        Originally posted by Simon2011 View Post
        Thanks Daru!

        How should I address the employment and overstay during the interview and application process. Do I need an experienced lawyer?
        No you don't need a lawyer. You only need a lawyer if your case is very complicated. In most of the cases when an immigrant files through a USC, they either have overstayed, accepted unauthorized employment or both. USCIS is aware of it and usually don't question that.
        Remember one thing, DO NOT lie. I have read in these forums that you should NOT disclose if someone have used a forged or a **** document to obtain employment. I cannot advice you to do or not to do that but wanted you to know about it.
        God Bless!

        Comment


        • #5
          Originally posted by daru786 View Post
          No you don't need a lawyer. You only need a lawyer if your case is very complicated. In most of the cases when an immigrant files through a USC, they either have overstayed, accepted unauthorized employment or both. USCIS is aware of it and usually don't question that.
          Remember one thing, DO NOT lie. I have read in these forums that you should NOT disclose if someone have used a forged or a **** document to obtain employment. I cannot advice you to do or not to do that but wanted you to know about it.
          God Bless!
          I definitely agree with you Daru! Do not lie to immigration. Be honest, be short in answering their questions, and be positive! Anyway USCIS is aware on whatever immigrants do in the country; they are just testing you as a person! Before any immigration benefits a person has to be checked: biometrics, FBI, and others, so what can ones hid? I don't think so...

          Comment

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